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ARTICLE · 07 FEBRUARY 2022

When Shall I File Thee? Let Me Count The Days.

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Recently, parties to a Trademark Trial and Appeal Board Opposition learned a hard lesson. In Lumber Liquidators Services, LLC v. Columbia Insurance Company, (decision here) Opposer...

United StatesIntellectual Property

Recently, parties to a Trademark Trial and Appeal Board Opposition learned a hard lesson.  In Lumber Liquidators Services, LLC v. Columbia Insurance Company, (decision here) Opposer, Lumber Liquidator Services, filed a motion for summary judgment on July 5, 2021 that was actually due on July 2, 2021 after misapplying Trademark Rule 2.196.

A motion for summary judgment before the TTAB must be filed the day before the deadline to serve pretrial disclosures.  Here, pretrial disclosures were due on July 3, 2021, a Saturday.  In filing on July 5, 2021 instead, Opposer relied on Trademark Rule 2.196, 37 C.F.R. § 2.196, which allows parties to take an "action" on the day following a weekend or federal holiday if "the day, or the last day fixed by statute or regulation" for that action falls on a Saturday, Sunday or federal holiday. 

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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